Industries, Inc. et al. v. Gary Fung
, No. 06-CV-5578 (C.D. Cal.); and
Schappell v. GEICOCorporation
, No. 1333 S2001 (Pa. Commw Ct.). I have submitted expert reports in
ColumbiaPictures Industries, Inc. et al. v. Gary Fung
, No. 06-CV-5578 (C.D. Cal.);
Arista Records LLC,et al. v. Usenet.com, Inc.,
No. 07-CV-08822 (S.D.N.Y.);
Schappell v. GEICO Corporation
, No.1333 S2001 (Pa. Commw. Ct.);
Freedom Medical Supply, Inc. V. PMA Capital Ins. Co
., No.003988 (Pa. Commw. Ct.); and
Blehm v. Albert Jacobs et al
1:09-cv-02865-RPM, for the United
States District Court of Colorado. I am being compensated for my services in this case at a rateof $450/hour ($550/hour for testimony).3.
I was asked by the plaintiffs to create a protocol for drawing a statistically reliablesample for a study analyzing the percentage of files downloaded daily that were identified asinfringing from the website operated by the defendants, www.hotfile.com (“Hotfile”). Toconduct that study, I designed a statistically valid sampling protocol that drew a sample of 1,750files from Hotfile for further analysis to determine whether they were infringing. Based on theclassifications of those files, which was done by Scott A. Zebrak, I was able to calculate the levelof infringing daily download activity on Hotfile.4.
In its general design, this study was similar to other statistical studies that I havedesigned and implemented to measure the level of infringing activity on online services. Idesigned these studies in connection with the following cases:
Arista Records LLC, et al. v. Lime Group LLC, et al.
No. 06-Civ. 05936 (S.D.N.Y) (“
Columbia Pictures Industries, Inc. et al. v. Gary Fung
, No. 06-CV-5578 (C.D. Cal.) (“
Arista Records LLC v. Usenet.com, Inc.
, No. 07 Civ. 8822 (S.D.N.Y.) (“
”). In each case, I designeda protocol to select a sample of content files available on and/or downloaded from differentonline networks via services offered by the defendants in those cases (respectively, Limewire,